Clarke v. Upton, et al
ORDER vacating hearing date of 12/5/2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 12/1/2011. (Nazaroff, H)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
SANDRA UPTON, AMPARO
WILLIAMS; DEPARTMENT OF
SOCIAL SERVICES; and COUNTY OF )
STANLEY BRADFORD CLARKE,
DECEMBER 5, 2011,
HEARING DATE AND
MOTION FOR SUMMARY
Defendants have noticed for hearing and decision a motion for summary judgment. The
matter was scheduled for hearing to be held on December 5, 2011. Pursuant to Local Rule 7815
230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later
than November 21, 2011. Plaintiff has not done so.
Due to Plaintiff’s failure to file a timely opposition or notice of non-opposition, he is in
violation of the Local Rules. See Local Rule 78-230(c). Plaintiff is further not entitled to be
heard at oral argument in opposition to the motion. Id. The court has reviewed Defendants’
motion and the applicable law, and has determined that the motion is suitable for decision
without oral argument. See Local Rule 78-230(g).
Therefore, IT IS HEREBY ORDERED that the previously set hearing date of December
5, 2011, is VACATED, and no party shall appear at that time. As of December 5, 2011, the court
will take the matter under submission, and will thereafter issue its decision.
IT IS SO ORDERED.
December 1, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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